 |
|
New York, July 2002: Q. I am a U.S. citizen. I fell in love with a national of Trinidad and Tobago, and we are making elaborate wedding plans. He came to the United States legally on a visitor's visa, but his stay expired a few years ago. Can I sponsor him after our marriage?
Gita Singh, Bronx, NY
A. After your marriage, you should petition for your spouse, and simultaneously, he can apply for permanent residence. He can also apply for an Employment Authorization Document. Because your spouse entered the country legally, and he is married to a U.S. citizen, he should immediately qualify for Lawful Permanent Residence, or a "Green Card." Despite his illegal overstay, he can apply and be interviewed here via a process called "Adjustment of Status" and he should be penalized by the INS for having overstayed his visitor's visa.
One application he SHOULD NOT file for is permission to travel, called advance parole, unless it is absolutely necessary. Notwithstanding the fact that the law states that an applicant for adjustment of status can get travel permission, and the INS would likely grant him permission, he is advised against traveling abroad. Even with INS permission, if he travels abroad, the fact that he has been here unlawfully for more than 365 days means that he can be barred from permanent
residence
for 10 years, a risk he may not want to take. The bar DOES NOT
apply to a person who does not leave the USA. Q. I was born in the United States. I have spent all of my life here. Last summer, I visited Guyana and fell in love with a woman there. I married her in Guyana, and on my return to the USA, I filed a petition for her. My wife will soon give birth to our baby in Guyana, and her doctors have advised against her traveling to the USA just yet. Would she have problems getting her papers to come to the USA?
--Ronald Taylor, Queens, NY
A. Basically, your wife should have no problems getting her Green Card and coming to the USA, unless she has a criminal record, your income does not satisfy the Poverty Guidelines and you cannot produce a joint sponsor, or other problems arise. Your child should be a U.S. citizen at birth, so he or she should be able to come to the United States with your wife. That is because your child was (1) born to married parents (2) one of you is a U.S. citizen (3) you, the citizen parent spent at least five years in the United States, two of which were after age 14. When your child is born, you should register the child's birth with the U.S. consulate in Guyana. The consulate will issue a "Report of Foreign Birth," which is the equivalent to a U.S. birth certificate. He/she will have the same rights and privileges as if he/she were born in the USA. Mother and child should therefore be able to travel to the USA with Lawful Permanent Residence and US Citizenship respectively.
Q. My husband and daughter came to the USA via "backtrack." I secured them "V" visas under the new law. They now reside with me in New York. Can they travel overseas on their "V" visas?
--Gregory Armstrong, Manhattan, NY
A. "V" status holders who have never lived in the United States unlawfully, can travel freely in "V" status. But that is not the case for your spouse and daughter. "V" status holders who have been in unlawful status in the USA who leave after having been in the United States unlawfully for more than 180 days are barred from getting residence for three years. For those who have been here unlawfully 365 days or more, the bar is ten years. If your spouse and daughter had come here from abroad with "V" visas, they could have traveled abroad as they wished, but this does not apply for all "V" status holders. Those who overstayed, although in "V" status, who travel abroad may risk getting denied permanent residence.
For those unfamiliar with the relatively new "V" visa, it gives legal status to certain spouses and unmarried children under twenty-one of permanent residents. To qualify, you must have had a petition filed on your behalf three years or more prior to filing. The "V" visa is available only to those whose petitions were filed by December 21, 2000.
EDITOR'S NOTE: Albert Baldeo dedicates his practice to immigration, human rights and civil rights violations, real estate, compensation and personal injuries and has been serving the community for several years. His office is located at 106-11 Liberty Avenue, Ozone Park, NY 11417. TEL (718) 529-2300.
Readers are encouraged to send in their questions on any matter related to immigration. Answers will be published in this column.
Mail to The Caribbean Voice, 1936 Daly Avenue, Bronx, NY 10460.
Email to caribvoice@aol.com